Examining the Call for a Uniform Civil Code: Panacea or Pandora’s Box?
The Concept of a Uniform Civil Code (UCC)
- The Constitution of India, under Article 44, envisions a Uniform Civil Code for all citizens, irrespective of their religious affiliations, considering it a tool towards secularism.
- The directive principle, however, leaves its enactment to the discretion of the government.
- Presently, Goa is the only state in India that applies UCC, following the Portuguese Civil Code.
Historical Timeline on the Debate for UCC
- The British regime standardised criminal laws but left family laws to cater to diverse religious sentiments.
- Constituent Assembly deliberations raised concerns about UCC, particularly on its influence on personal religious laws.
- Indian scholars including K.M. Munshi, Alladi Krishnaswami, and B.R. Ambedkar advocated for UCC, claiming it would promote equity.
Supreme Court’s Stance on UCC: A Series of Judgments
- The Supreme Court, in multiple landmark verdicts, has recommended the application of UCC, expressing concern over the non-implementation of Article 44.
- Cases include Mohd. Ahmed Khan vs Shah Bano Begum (1985), Sarla Mudgal v. Union of India (1995), John Vallamattom v. Union of India (2003), Shayara Bano v. Union of India (2017), and Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019)
The Law Commission’s Stand
- The 21st Law Commission (2018) under Justice Balbir Singh Chauhan stated that introducing UCC is currently "neither necessary nor desirable."
Potential Implications of Adopting the UCC
- National Integration: UCC could encourage secularism, reduce sectarian conflicts, and reinforce constitutional values.
- Gender Justice: UCC could ensure equality by addressing gender bias in personal laws.
- Legal Simplification: The Code could unravel legal complexities as it integrates personal laws within a uniform structure.
- Modernisation: UCC could potentially replace outdated, regressive practices like triple talaq, polygamy, and child marriage.
Challenges in Implementing the UCC
- The vast range of personal law diversity in India might complicate UCC implementation.
- Religious communities fear infringement on their constitutional rights, as stated under Article 25.
- UCC also faces significant opposition from political and social forces.
- Legislating a comprehensive UCC may get bogged down by extensive legislative work and detailed legal drafting, not to mention cultural considerations.
Suggested Path to UCC Realisation
- Emphasise Unity over Uniformity: The UCC, while promoting unification, should respect India's diverse culture.
- Engage Stakeholders: Collaboration with religious leaders, legal experts, and community representatives can pave the way for UCC.
- Balancing Act: Neutralising practices that oppose constitutional norms, while ensuring cultural compatibility, is a delicate task.
- Reassessing Cultural Practices: Communities need introspection about practices in conflict with constitutional values.
- Education and Awareness: Familiarising citizens with UCC is vital for its smooth application, implying a need for extensive outreach programs.
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